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DECISION

Amending and supplementing the Regulation on the grant of Vietnam's Certificate of origin, form S, for goods for enjoyment of tariff preferences under the Agreement on Economic, Cultural, Scientific and Technical Cooperation between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic

THE MINISTER OF TRADE

Pursuant to the Government's Decree No. 29/2004/ND-CP of January 16, 2004, defining the functions, tasks, powers and organizational structure of the Ministry of Trade;

Based on the Agreement signed on July 28, 2005, between the Trade Ministry of the Socialist Republic of Vietnam and the Trade Ministry of the Lao People's Democratic Republic, for Vietnamese and Lao commodities eligible for preferential import tax rates;

In furtherance of the Prime Minister's directions in the Government Office's Official Letter No. 4672/VPCP-QHQT of August 19, 2005, approving the Agreement with the Lao Trade Ministry on Vietnamese and Lao commodities eligible for preferential import tax rates;

At the proposals of the director of the Export-Import Department and the director of the Asia-Pacific Department,

DECIDES:

Article 1.- To supplement Item (d) of Rule 4 "Impure products" of Appendix 1 to the Regulation on the grant of Vietnam's certificate of origin, Form S, for goods for enjoyment of tariff preferences under the Agreement on Economic, Cultural, Scientific and Technical Cooperation between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic, issued together with the Trade Minister's Decision No. 0865/2004/QD-BTM of June 29, 2004, as follows:

(d) Within the scope of Rule 2(b), commodities and their quantities in Appendix 3 "List and quantity of Lao goods temporarily eligible for adjustment of ratios of goods originating from the Lao People's Democratic Republic under Rule 4 of Appendix 1 to the Regulation issued together with the Vietnamese Trade Minister's Decision No. 0865/2004/QD-BTM of June 29, 2004. Valid duration till December 31, 2010," enclosed with the Agreement signed on July 28, 2005, between the Trade Ministry of the Socialist Republic of Vietnam and the Trade Ministry of the Lao People's Democratic Republic, for Vietnamese and Lao commodities eligible for preferential import tax rates (enclosed herewith), shall be regarded as originating from the Lao People's Democratic Republic if:

(i) Not less than 30% of product content originates from either party; or

(ii) The total value of materials, part or all of products originating from outside of the territory of one party does not exceed 70% of the value of products at FOB price, produced or gained, provided that the final production stage is carried out within the territory of such party.

(iii) Within the scope of this Agreement, origin criteria mentioned in Rule 4(d)(ii) shall be treated as "Vietnamese-Lao content." The Vietnamese-Lao content of 30% shall be calculated according to the following formula:

Value of non-Vietnamese-Lao materials + Value of components of unknown origin

---------------------------------------------------------------------------------------- x 100% £ 70%

FOB price

Therefore, the Vietnamese-Lao content = 100% - non-Vietnamese-Lao materials = at least 30%

Article 2.- To amend Article 1 "Guiding the declaration of Form-S certificates," Appendix 3 "Guiding the implementation of the Regulation on the grant of the certificate of goods origin, Form S, for enjoyment of preferences under the Vietnam-Laos Agreement" as follows:

- Box 4: To enter the import tax rate applied by the importing country (Laos) in Box 4 of the certificate of origin, Form S, as follows:

"Tariff rate: ... %"

After goods are imported, customs offices at ports or places of import shall tick as appropriate in the forms before sending back the forms to the agencies that have granted such certificate of origin, Form S.

Article 3.- This Decision takes effect 15 days after its publication in "CONG BAO."

Article 4.- The director of the Export-Import Department, directors and heads of concerned units under the Trade Ministry, and concerned organizations and individuals shall have to implement this Decision.